Disciplinary

Hello. I need some advice on a recent issue that seems a bit messy. On the 22nd Jan I was called into the office for an informal chat, Then told i would be suspended pending enquiries to an issue at work. (was this done correctly? i would assume suspension is more formal than informal) I was also told on that day that my disciplinary hearing date would be posted to me the following week. (if i was suspended pending further enquiries, surely a decision that i would have to attend a hearing shouldnt have already been decided subject to a date?) Since then i have recieved the hearing date and asked that the person who would be chairing the meeting (my general manager)not be involved. as prior to my suspension, my line manager explained to me ''we both know that the general manager is not your biggest fan and does not think your right for the company, i suggest as a friend, you look for a new job before your pushed.'' for that reason i have asked him not to be involved. So the hearing has been postponed whilst waiting to find someone new to chair the hearing. My line manager also explained to me during a discussion regarding how my job role had changed so much from that what i was originally employed to do. He said ''you need to do what we want or we will get someone else in who will.'' I have informed HR of that also as i do not want him there. but he has conducted the investigation on his own already. (is that fair?) Do they have to send me the new hearing date via post in written format (or is an email ok?) also will i have the same 24 hours minimum notice period for the hearing that i got after recieving their first letter? I feel i am being forced out for some political reasons (after 7 years without any disciplinary action on my file) rather than what i am accused of doing. It has been classed as gross misconduct. but until that day, it had been accepted within the company if i asked permission first. I was acting manager on the day in question with no senior management at work, so did it on my own back. now its gross misconduct. (I work in the motor trade and discounted a car by £155 to include a product that the company and myself are targeted on.) can this by gross misconduct if its previously been accepted? Hope you can help with all my questions.

Many thanks C

I'm afraid that there are no rules about suspension other than that you must be notified and it must be paid - the how and the wherefores of the meeting are not relevant in law. An employer can suspend when they want for pretty much any reason they want. And if they have already decided there is a case to answer then they can set the date of a disciplinary at the same time.

Whether the notice given is acceptable or not isn't laid down in law. They must provide sufficient notice to allow you to prepare a defence, and that varies according to the case. In the end only a tribunal can determine this issue.

I believe that the allegation of gross misconduct, based on what you say the allegation is about, is unreasonable - but again, only a tribunal can decide whether a dismissal would be a reasonable and proportionate outcome. I don't think it would be, but that is my opinion - not a tribunals!

The investigating officer should not sit on the disciplinary panel - but they would normally attend as the "prosecution". However, who else is on the panel and whether they like you or not isn't relevant - in fact they were under no obligation to replace anyone on the panel at your request. The sole requirement is that the panel can show they have reason to believe that you are guilty of the allegation, and that in doing so the outcome is reasonable and proportionate. Those are the only matters that a tribunal would consider - unless they breached their disciplinary process, but you haven't indicated anything to say that they have.

I dont know if they have breached anything as i havent been given information on how such procedure should be carried out. All i have been sent is a witness statement from a salesperson saying i added the product on (which i havent denied) and notes from a meeting. which are rather odd. They relate to a meeting that i had alone with my line manager. One he forgot to document, so the next day he said we had to re-enact the meeting so he could take notes. (the one where i was suspended) Those notes have now been summarised so much that on reading them, they dont reflect what happened/was said in the original meeting. It all seems very messy and incorrect.

C

Sorry forgot to add. on re enacting the meeting. My line manager had someone else in to document it. Obviously, they hadnt been there in the 'original' meeting.

You should have been given or referred to the disciplinary procedure when the notice of the disciplinary was given to you. This is an error in law. Which is good for you, but not overwhelming - on it's own it's "naughty" but not enough to win a case. Just document everything that happens and what is said and keep copies of everything.

i was dissmissed yesterday based on gross missconduct. The hearing seemed a little odd. who should make the decision on my punishment? In my case the person who chaired the hearing took the notes and went outside to ring HR. He explained the meeting notes on the phone and they then made the decision to dissmiss me. telling the Manager who was chairing the meeting to inform me of the dismissal and my rights to appeal. I could be wrong, but i would assume that if HR were making the decision. Shouldnt they have been present at the hearing?

sorry, that reads a little wrong. There was another manager present taking notes. but the guy chairing the hearing then took them after to read to HR on the phone.

I think it is more likely that he went to consult HR about the decision - there is nothing wrong in doing that.

I have since spoken to the guy who was in the hearing taking notes. It was definately HR who made the decision on my dismissal and told the General manager (chairing the meeting) what to do and what to say. He did not make the decision. Another quick one. Its now 10 days since i was sacked, but i still have not recieved written confirmation of my dismissal, the full reasons or appeal procedure. Am i being impatient? or should i have recieved this by now? they did tell me that i would recieve it within a couple of days of the hearing. Many thanks.

No. I would expect it to be delivered quicker than that. You should contact them and ask where it is. In writing. Recorded delivery.